3rd impeach rap vs Sara Duterte declared sufficient in substance

MANILA, Philippines —The third impeachment complaint against Vice President Sara Duterte has been declared sufficient in substance by the House of Representatives’ committee on justice, setting the stage for the next step in the proceedings.

After the committee ended its discussions on the fourth impeachment complaint after Wednesday’s hearing, chairperson and Batangas Rep. Gerville Luistro allowed a vote on whether the third and fourth complaints are sufficient in substance.

For the third impeachment rap filed by clergy members and lawyers led by Catholic priest Joel Saballa, 54 lawmakers voted to declare the complaint sufficient in substance, while one voted in the negative and no one abstained.

The third complaint was discussed during the hearing on Tuesday, with the committee tackling each ground raised.

Six grounds were mentioned in the third complaint:

• Alleged culpable violation of the Constitution and betrayal of public trust, and other high crimes in amassing and converting the amount over P500 million confidential funds (CF) allocated to the Office of the Vice President from 2022 to 2023
• Alleged culpable violation of the Constitution and betrayal of public trust, and other high crimes in amassing and converting the amount of not less than P112.5 million of confidential funds allocated to the Department of Education (DepEd) for the year 2023
• Alleged culpable violation of the Constitution and betrayal of public trust by corrupting and bribing officials of the DepEd
• Alleged culpable violation of the Constitution, betrayal of public trust, and other high crimes in contracting to murder or assassinate the president, the first lady and the former speaker of the House
• Alleged culpable violation of the Constitution and betrayal of public trust in amassing unexplained wealth and failing to disclose all her properties and interests in properties in her SALN
• Alleged culpable violation of the Constitution and betrayal of public trust in committing acts of political destabilization and the high crimes of sedition and insurrection

Mamamayang Liberal Party-list Rep. Leila de Lima endorsed the third complaint, while Deputy Speaker Paolo Ortega V and Manila Rep. Bienvenido Abante Jr. sponsored the fourth rap.

Under the House Rules of the 19th Congress, adopted by the 20th Congress, particularly Rule II of the Rules of Procedure in Impeachment Proceedings, once a complaint is deemed sufficient in substance, the committee on justice would give the respondent — Duterte — a copy of the complaint.

The respondent may reply within 10 calendar days of receipt of the notice, and thereafter, the complainants may also file a reply.

“Within three (3) days from receipt of the answer, the complainant may file a reply, serving a copy thereof to the respondent who may file a rejoinder within three (3) days from receipt of the reply, serving a copy thereof to the complainant,” the House Rules stated. “If the complainant fails to file a reply, all the material allegations in the answer are deemed controverted,” it noted.

“Together with their pleadings, the parties shall file their affidavits or counter-affidavits, as the case may be, with their documentary evidence. Such affidavits or counter-affidavits shall be subscribed before the Chairperson of the Committee on Justice or the Secretary General,” it added.

After receiving the replies, the committee will hold a hearing and submit a report within 60 session days.

“The Committee on Justice after hearing, and by a majority vote of all its Members, shall submit its report to the House containing its findings and recommendations within sixty (60) session days from the referral to it of the verified complaint and/or resolution,” the Rules said.

“Together with the report shall be a formal resolution of the Committee regarding the disposition of the complaint which shall be calendared for consideration by the House within ten (10) session days from receipt thereof,” it added.

READ: What to expect: VP Sara Duterte’s impeachment proceedings

Any decision from the committee would be up for plenary consideration, with a one-third nominal vote needed to approve the recommendation — regardless if it is to impeach the official or dismiss the complaints. 

If the recommendation to impeach is approved, the resolution will be forwarded to the Senate.

Originally, four complaints were filed, but the second set of complainants, led by Tindig Pilipinas co-convenor Kiko Aquino Dee, submitted a letter to the Office of the House Secretary General and appeared before the committee last Monday to withdraw their complaint.

According to the group, they withdrew their petition and vowed to support the third complaint filed by clergy members and lawyers to expedite the proceedings.

READ: Second impeachment case vs Sara Duterte formally withdrawn

On Monday also, the committee on justice voted 22-10 to set aside the first impeachment complaint from the Makabayan Coalition for allegedly violating the one-year bar rule. /apl

READ: 1st impeach rap vs VP Duterte set aside for violating one-year bar rule